2014 Highest 1797 Violation of the Punishment of Violences, etc. Act (Habitual Violence), public offering

Gal, Property Damage

2015 Highest 828 (Joint) Performance of Official Duties

○○ (1979years) (1979), Non-existence

Park Hong-si, Park Jae-chul (prosecutions) and scarcity (Public trial)

Attorney Go Young-young (National Election)

September 4, 2015

A defendant shall be punished by imprisonment for a term of one year and eight months.

Facts of crime

【Criminal Power】

On June 27, 2012, the Defendant was sentenced to one year of imprisonment for an injury by continuation at the Jeju High Court Jeju Branch, etc. on May 24, 2013, and was sentenced to eight months of imprisonment at the Jeju District Court on September 11, 2013 and completed the execution of the final sentence in the Jeju Prison on September 24, 2013, and was under a habit of exercising violence against the victim, his parent, △ (66 years of age), Kim ○ (62 years of age), and Kim ○ (62 years of age).

【Criminal Facts】

[2014 Highest 1797]

1. Damage to property;

가. 피고인은 2014. 8. 중순경 제주시 한림읍에 있는 부모와 동거하는 피고인의 주거 에서, 피해자 고□□에게 "여름이 다 지났는데 선풍기를 방안에 놔둬서 뭐하느냐"라고 하면서 그곳에 있던 피해자 소유의 선풍기를 발로 차 부서뜨려 시가 미상의 재물을 손 괴하였다.

B. From September 2014 to October 2010, the Defendant: (a) among the photographs owned by the victims, who were in custody of the victim’s family photographs owned by the victim, the victim’s children, his/her daughters, his/her daughters, and his/her photographic photo, the Defendant, among the photographs owned by the victims in his/her inner room, caused the victims to have their effects by a cigaretteing the snow section 30 of the snow section of the victim’s photograph.

C. On November 2014, the Defendant reported a television cable line connected to the victim’s residence outside the residence of the victim Hu○○○, Jeju-si, and then destroyed the unrepaired property by having the victim cut the cable line by means of cutting off the cable line and cutting it over 2 to 3 times in the reed rice cement, then continuously destroying the unrepaired property by continuously cutting off the television cable line and the telephone line connected outside the house of the victim ○○ (80 years old) and connected outside the dwelling of the victim.

D. From November 29, 2014 to December 07, 2014, the Defendant: (a) discovered one son and a large amount of son, which contain a family photograph owned by the victim, which was concealed in the inner harassment, and was committed by the victim at the time of the Defendant’s residence; (b) discovered one son and a large amount of son from the victim’s family photograph, which was destroyed by the victim’s old son’s old son; and (c) laid it out the victim’s old son’s old son.

2. Habitual violence;

Defendant, habitually,

A. On November 201, 2014, at the above Defendant’s residence room around 21:00, the victim, Kim ○○, expressed “insecting the money,” but the victim assaulted the victim, who is still in existence, by taking the victim’s chest her desire to be “secting her to her fry and her father’s fry,” which read “secting her fry and her mother’s fry”.

B. At around 09:30 on November 201, 2014, the Defendant’s residence room at the above Defendant’s 09:30, and the victim’s words “I am going to the victim Kim ○, I am to the victim Kim ○,” and am to the victim Kim ○, thereby fasting the chest by hand, and bucking down the chest, going to the end of the end of the end of the day, and going to the victim and the victim knife so that I am to see “I am to do so without any need,” and the victim was assaulted by the victim and the victim who continues to exist in the breast part of the mother.”

3. Magion;

On December 2, 2014, at around 21:30, the Defendant: (a) placed an order for drinking alcohol and drinking alcohol equivalent to KRW 210,000 in the market price in A ran tavern operated by the Defendant, and (b) acquired pecuniary benefits equivalent to the above drinking value by threatening the victims of drinking alcohol to make it difficult for the victims to settle their accounts in the middle and to take a double bath; and (c) by threatening the victims of drinking alcohol to make it difficult for them to claim for the above drinking value, the Defendant acquired pecuniary benefits equivalent to the above drinking value by doing so.

[2015 Highest 828]

At around 12:20 on May 17, 2015, the Defendant: (a) 12:20 on Jeju-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Therefore, the Defendant, at the same time, laid down the above documents in the custody box of the sports tool and on his book. The Defendant, the victim, who is the victim, laid down the flaps of the △△△△△△△△, by hand, removed the work clothes flaps, and continued to flaps one hand, flap the flaps of the said Gangseo○○○○○, and assault the victim by tearing the flaps of the working clothes with another hand.

Accordingly, the defendant interfered with the legitimate execution of duties of the victims on the guidance and safe guard of prisoners.

Summary of Evidence

Omission

1. Habituality of the judgment: The defendant has been punished twice for the same kind of crime as above, and withdrawal;

Considering that the instant crime of the same kind has been committed within the short period of one year after the action

of this title, if any, may be accepted

Application of Statutes

1. Relevant Article of the Act on the Punishment of Violences, etc. and the Selection of Punishment of Violences, etc.: Article 2 of the same Act;

Paragraph (1) and (2) of this Article, Article 260(2) of the Criminal Act (the point of habitual violence), and Article 366 of the Criminal Act (the point of habitual violence)

In this regard, Article 350(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties)

1. Selection of imprisonment with prison labor for each crime of causing damage to property, causing disturbance, and obstruction of performance of official duties;

1. Aggravation of repeated crimes: The proviso to Article 35 and the proviso to Article 42 of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

Reasons for sentencing

In addition, since the Defendant committed an act of disregarding public authority, such as interfering with the performance of official duties of the teaching staff in prisons during the period of repeated crime, which was detained and has been tried, the Defendant committed an act of disregarding public authority, such as harming the victim’s health status, age, occupation, family relation, etc., taking into account the following sentencing guidelines and taking into account: (a) the victims who are the parents of the Defendant do not want the punishment; (b) the victims who are the parents of the Defendant want the punishment; and (c) the punishment was imposed in consideration of the degree and method of each crime, etc.

[Sentencing Criteria]

The actual contents of crimes No. 1

Violence Crime Class 6 (Habitual Violence and Special Violence: Scope of Recommendation Form): A victim who continues to exist, or a victim who is vulnerable to a crime, is subject to special mitigation of punishment (including a serious effort to recover damage) or a considerable part of damage, if he/she has been subject to special mitigation.

The actual crimes No. 2

Type 1 of obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties / Forced Performance of Duties)

The actual crimes No. 3

In general, the basic area of category 1 (less than 30 million won) (the scope of recommending punishment: 6 months to 1 year): None of the special sentencing factors:

* The scope of final sentence due to the aggravation of multiple offenses: August to March 3:

It is so decided as per Disposition for the above reasons.

Kim Jong-min